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The Rise Of Managerial Judging In International Criminal Law, Maximo Langer Aug 2004

The Rise Of Managerial Judging In International Criminal Law, Maximo Langer

ExpressO

Abstract This article puts the procedure of the International Criminal Tribunal for the former Yugoslavia (ICTY) in a completely new and previously unexplored light. Rejecting the predominant view of ICTY procedure as a hybrid between the adversarial system of the U.S. and the inquisitorial system of civil law jurisdictions, this article shows that ICTY procedure is best described through a third procedural model that does not fit in either of the two traditional systems. This third procedural model is close to the managerial judging system that has been adopted in U.S. civil procedure. The article then explores some ...


Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy Aug 2004

Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy

ExpressO

ABSTRACT: This article examines the dispute concerning the meaning of Good Faith in the CISG. Although there are good reasons for arguing a more limited interpretation or more limited application of Good Faith, there are also good reasons for a broader approach. Regardless of the correct interpretation, however, practitioners and academics need to have a sense of where the actual jurisprudence is going. This article reviews every published case on Article 7 since its inception and concludes that while there is little to suggest a strong pattern is developing, a guided pattern while incorrect doctrinally is preferable to the current ...


Appropriate Role Of Foreign Judgments In The Interpretation Of American Law: Hearing Before The H. Comm. On The Judiciary, 108th Cong., Mar. 25, 2004 (Statement Of Vicki C. Jackson, Prof. Of Law, Geo. U. L. Center), Vicki C. Jackson Mar 2004

Appropriate Role Of Foreign Judgments In The Interpretation Of American Law: Hearing Before The H. Comm. On The Judiciary, 108th Cong., Mar. 25, 2004 (Statement Of Vicki C. Jackson, Prof. Of Law, Geo. U. L. Center), Vicki C. Jackson

Testimony Before Congress

No abstract provided.


Federalism, Through A Global Lens: A Call For Deferential Judicial Review, Alfred C. Aman Jan 2004

Federalism, Through A Global Lens: A Call For Deferential Judicial Review, Alfred C. Aman

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium


The Advantages Of The Civil Law Judicial Design As The Model For Emerging Legal Systems, Charles H. Koch, Jr Jan 2004

The Advantages Of The Civil Law Judicial Design As The Model For Emerging Legal Systems, Charles H. Koch, Jr

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium